Senate BillFailedPenal
SB 448: Trespassing: removal of trespassers on residential property.
What SB 448 does, verified February 3, 2026
This bill aims to provide a remedy for unlawful occupation of residential properties by squatters. A squatter is defined as someone who unlawfully enters and remains in a residential property and refuses to leave upon request. The bill authorizes property owners or their agents to serve a demand to vacate the property, which must be verified by local law enforcement. Once verified, the law enforcement agency must remove the squatters without unreasonable delay. The bill also creates a civil cause of action for damages and restoration of possession against individuals who fraudulently cause the removal of others. Additionally, the bill prohibits fraudulently causing or attempting to cause the removal of another person and imposes penalties for such actions.
Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: Returned to Secretary of Senate pursuant to Joint Rule 56. (2026-02-02)Alert me
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| Feb. 02, 2026 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May. 23, 2025 | May 23 hearing: Held in committee and under submission. |
| May. 16, 2025 | Set for hearing May 23. |
| May. 12, 2025 | May 12 hearing: Placed on APPR. suspense file. |
| May. 02, 2025 | Set for hearing May 12. |
Latest bill textAmended version, April 9, 2025 · 1,831 words
| Amended IN Senate April 09, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 448
| Introduced by Senator Umberg (Coauthors: Senators Niello, Pérez, and Seyarto) (Coauthors: Assembly Members Ávila Farías, Gallagher, and McKinnor) |
February 18, 2025 |
An act to add Section 602.15 to the Penal Code, relating to trespassing.
LEGISLATIVE COUNSEL'S DIGEST
SB 448, as amended, Umberg. Trespassing: removal of trespassers on residential property.
Existing law prohibits the tenant of a property to remain on a property after the lawful termination of a lease agreement, as specified. Existing law prescribes a procedure for obtaining a judgment against such a tenant and for effecting the eviction of that tenant.
Existing law prohibits entering or occupying real property or structures without the consent of the owner.
This bill would define a squatter as somebody who unlawfully enters and remains in a residential property and, upon request, refuses to leave or falsely claims a legal right of possession.
This bill would prescribe a procedure for the notice and removal of a squatter by a local law enforcement agency. The bill would authorize a property owner or their agent to serve a demand to vacate, as specified, upon a squatter. The bill would authorize the owner or agent, after service of the demand, to submit a request, signed under penalty of perjury, to the local law enforcement agency with primary jurisdiction where the property is located, as specified.
By expanding the crime of perjury, this bill would impose a state-mandate local program.
This bill would require the law enforcement agency, upon receipt of the request, to verify the request and, upon verification, to remove the unlawful occupants from the property without unreasonable delay, as specified. The bill would describe the duties of local law enforcement personnel during a removal.
By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program.
This bill would authorize a local law enforcement agency to assess a fee for processing a request and conducting a removal. The bill would also provide a local law enforcement agency with immunity from liability arising from a removal conducted in good faith, as specified.
This bill would prohibit a person from fraudulently causing or attempting to cause the removal of another person pursuant to these provisions and would prohibit a squatter from fraudulently interfering with a removal by knowingly presenting false information or documentation to law enforcement purporting to give them a lawful right of possession. provisions. A violation of these prohibitions this prohibition would be punishable as a misdemeanor or felony.
By creating new crimes, this bill would impose a state-mandated local program.
The bill would also create a civil cause of action for damages and restoration of possession against a person who fraudulently causes the removal of a person pursuant to the provisions, by the person who was removed.
This bill would state that, notwithstanding any other state or local law, it is intended to provide the remedy for unlawful occupation of a residential property by a squatter and would specify that it applies only to situations involving a squatter and not situations involving a tenant or other person with a bona fide claim to tenancy or title.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 602.15 is added to the Penal Code, to read:602.15.
(a) Except as provided in subdivision (b), the following procedure may be used for the removal of a squatter from a property:(1) The If the property owner previously filed a notarized request form provided by a law enforcement agency pursuant to subdivision (o) of Section 602, the property owner may serve a demand to vacate on a squatter on the property.
(A) The demand to vacate shall include the following heading, printed in at least 16-point type: “Demand to Immediately Vacate the Property.”
(B) The demand to vacate shall be addressed to all unauthorized persons in possession and shall include the full mailing address and assessor’s parcel number of the property, including, if applicable, a unit or apartment number, printed in at least a 16-point type.
(C) The demand to vacate shall include the name, title, telephone number, and email address of the property owner, printed in at least a 16-point type.
(D) The demand to vacate shall include the following statement printed in at least 12-point type: “You are trespassing on the property described in this notice. You are not an authorized occupant of the property. You must vacate the property and remove all personal possessions within 72 hours after service of this notice. Failure to comply with this demand will result in forcible removal from this property by local law enforcement.”
(E) Service may be effectuated by either personal delivery to any occupant of the property who is at least 18 years of age, or by the conspicuous posting of the demand at the property and thereafter mailing a copy of the demand by first-class mail, to the address where the demand was posted.
(2) No sooner than 72 hours after the service of the demand to vacate, the property owner may file a request for removal with local law enforcement agency having primary jurisdiction where the property is located.
(A) The request for removal shall include all of the following:
(i) A written request for the removal of unauthorized persons from the property.
(ii) The street address and assessor’s parcel number of the property.
(iii) The name, address, and telephone number of the person making the request and proof of ownership of the property, which may be established by a copy of the recorded deed, or proof of agency, which may be established by a written authorization from, or executed contract with, the legal owner of the property.
(iv) A copy of the demand described in paragraph (1), including proof of service of the demand.
(v) A statement, signed under penalty of perjury, that the person submitting the request is the owner of the property or authorized agent thereof, that the persons residing on present at the subject property are unauthorized persons, that all information provided in the request is accurate and true to the best of their knowledge, and that the request is being made in good faith and in compliance with all of the provisions of this section.
(vi) The request for removal may, but is not required to, include additional evidence of the unauthorized occupancy, including, but not limited to, restrictions of access such as boarded-up doors and windows, posted signs regarding construction or prohibition of trespassing, video or security camera footage of the unauthorized person or persons entering or accessing the property through windows or locked or broken doors.
(B) A local law enforcement agency may prescribe the form and manner of submission for the request described in this paragraph.
(C) A local law enforcement agency may charge a reasonable fee to cover the costs of processing a request for removal and conducting a removal, including any standby time.
(3) Upon receipt of a request described in paragraph (2), local law enforcement shall verify the request and, if valid, shall remove the unauthorized persons from the property without unreasonable delay.
(A) The local law enforcement agency shall provide the requester with reasonable notice of the date and time of the scheduled removal and may require the requester to be present.
(B) The responsibility of the local law enforcement agency at the time of removal shall be to make entry into the property and to remove unauthorized persons from the property. Upon the request of the owner, the law enforcement agency shall stand by for a reasonable time while any personal property is removed from the property and the locks are changed.
(b)The local law enforcement agency performing a removal pursuant to this section in good faith shall be immune from liability to the property owner, to persons removed from the property, or to any third party due to the loss, damage, or destruction of property or for wrongful eviction or arrest.
(c)
(b)
(1) A person who fraudulently causes or attempts to cause the removal of another person from property pursuant to this section is guilty of(2)An unauthorized person who fraudulently contests or interferes with their lawful removal pursuant to this section by knowingly presenting false information or documentation to law enforcement officials purporting to give that person a lawful right to tenancy or possession of the property is guilty of a felony punishable pursuant to subdivision (h) of Section 1170.
(3)
(2)
An occupant who has been removed from a property pursuant to this section under circumstances in which the owner acted fraudulently or in bad faith may file a civil action for restoration of possession, damages equal to three months of rent, expenses incurred as a result of the removal, and reasonable attorney’s fees incurred in that action.(4)
(3)
This section does not limit the authority of local law enforcement to make an arrest or take other legal action for a related violation of law, including, without limitation, trespassing, burglary, theft, vandalism, possession of controlled substances or weapons, or resisting or obstructing a peace officer.(d)
(c)
(1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.
(e)
(d)
As used in this section, the following terms are defined as follows:(1) “Demand” means a demand to vacate a property described in paragraph (1) of subdivision (a).
(2) “Owner” means the legal owner of the property or an agent thereof, including a property manager.
(3) “Property” means a dwelling structure or a dwelling unit within a structure, including, without limitation, a house, mobilehome, condominium, or apartment. apartment, or dwelling structure or dwelling unit located on federally recognized tribal lands.
(4) “Squatter” or “unauthorized person” means a person who has unlawfully entered and is occupying a property without the consent of the owner and refuses to leave upon request or fraudulently claims a lawful right of possession.
Text of SB 448 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions